U.S. District Judge David Herndon and Williamson County Circuit Judge Brad Bleyer jointly appointed former Madison County circuit judge Dan Stack to manage discovery in mass litigation against Syngenta Seeds.

Herndon appointed Stack as special master on Oct. 17, to assist him in coordinating with litigation pending before Bleyer.

He wrote that Stack would not issue any rulings, “as his role is one of mediation.”

If a dispute remains unresolved after a conference with Stack, it must be brought his attention promptly, he wrote.

Bleyer

Herndon presides over three suits with about 2,000 corn farmers as plaintiffs, and Bleyer presides over about 200 suits with multiple plaintiffs.

Last year, the Onder Shelton firm of Webster Groves, Mo., filed three suits for 2,800 plaintiffs in Madison County circuit court.

Syngenta Seeds removed the cases to federal court and moved for coordination of discovery with Lungstrum and Sipkins.

Herndon denied the motion this July, finding he and Bleyer agreed that they should coordinate with each other.

“Because the litigation and discovery issues pending in both cases involve a mixture of federal and state jurisdiction, the federal magistrate judge cannot hear matters related to the federal litigation,” Herndon wrote.

He wrote that he would appoint a special master, and that it was understood that Bleyer intended to appoint the same person.

Herndon’s order of appointment provided that parties to any dispute would share equally in paying Stack, who charges $400 an hour and $100 an hour for travel.

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